to go. clearly not the right video. guy going down the escalator. we'll show you that tomorrow. stay tuned for tomorrow . >> it is time to get scrambled up brian kilmeade is here to help out. >> brian: guerrilla. >> there you go. >> brian: thank you, everybody. >> there you have it and "fox and friends" starts right now. i think that is gretchen. >> gretchen: i hope it is me with a dress on. good morning, today is thursday november 15th. we have a fox news alert. israel on the attack using a drone to take out their equivalent of saddam hussein . hamas is retaliating big time. >> steve: the president has a message for people going after ambassador susan rice for her

five-time benghazi flop. >> if senator graham and mccain and others want to go after somebody they should go after me. >> steve: that's fine with the senators. >> brian: the energy drink you are about to jug could kill you. why they give me this read. deadly pick me ups. i am on hour one. keep your fingers crossed. "fox and friends" starts right now. ♪ ♪ "fox and friends". >> gretchen: breaking news this morning, "fox and friends" alert overnight. israeli and drones hitting dozens of targets against the militants in the gaza trip this after a missile strike kill would a hamas chief .

joining us on the out skirts of israel. >> israel hamas said opened the gates of hell. that's what they have experienced. hundred rockets here in southern israel including ashos. israel deployed iron dome missile defense and blows up the 25 missiles . we found out today it is far from perfect. we have more missiles coming in and you can see people running. this is the safest place come in under here. missiles are coming here. this is a building where three people died and you can hear the screaming and see the police trying to get everyone in and now we wait. awful seconds in this part of the world knows what it is like to wait as the missiles

coming here and you know it is here, but the question is where it will hit. explosion nearby. and what you know if that is a iron dome exploding or intercepting the missile or another hit somewhere around the densely populated residential area. that is the iron dome and we'll walk around to the other side . you will see the damage. when you talk about what these missiles can do. that's it. this is the other side of the apartment building we are on with a direct hit killed three people inside of that apartment and seriously injured a baby. >> this started about 24 hours ago when a pin pointed israel strike took out the head of hamas' militant group as it went forward islaled the way. there is a funeral going on

for jaberry in the gaza strip. we expect more rockets to be firing and we'll stand here monitoring the ron dome and come back to you with that as it happens live. back to you guys in new york. >> steve: be careful. >> gretchen: now the rest of the your headlines . bp will be expected to pleady to misconduct in the oil spill. they will avoid future prosecution. exact amount of the payment not disclosed yet. it will be the largest payment held in human history. that record is now held by physer. he's paid to solve murder. now under arrest for one. a los angeles sheriff deputy

accused to shooting a man dead on father's day. gamez is a 17 year old veteran of the department and held on four million bail. congressional report blames former ms global jon corzine for missing cash and a firm's collapse. he made poor management decision and failed to protect the funds . corzine denice wrong doing. >> president of the pharmacy linked to the deadly menigitus outbreaks has decided to plead the fifth. >> on the advice of counsel i will decline to answer. >> he refused to answer any questions and we will expect the same response when he goes before the senate. 32 people died and 450 have become sick after receiving

tainted shots made by the new england compounding company. >> steve: we waited eight months and finally the president went to the east room of the white house had a 53 minute press conference. interesting enough the trial balloon that susan rice united nations ambassador will replace hillary clinton was the issue. there are 3u.s. senators mccain and graham and ias will do everything she can, the woman there is not confirmed. the president had a message to the senators, he will stick by susan rice if he nominates her. >> let me say specifically about susan rice. she has done explementary work . she has represented the united states and represented the united nations with skill and professionalism and toughness

and grace. and as i said before. she made an appearance at the request of the white house in which she gave her best understanding of the intelligence that had been provided to her. if senator mccain and senator graham and others want to go after somebody, they should go after me. and i am happy to have that discussion with them. but for them to go after the un ambassador who had nothing to do with benghazi and was simply making a presentation based on intelligence she had received and the besmirch her reputation is outrageous. >> brian: well, that was his confrontational tone i can remember him having outside of the election and had his first

press conference. she appeared on behalftime white house. how dumb was it to put out there nothing with benghazi and no background as opposed to tom brennan or tom donald or anybody else let alone david petraeus and hillary clinton. so you put somebody out there and that was your fault that got the information and we don't know whose opinions and conclusion and the president wants to call out the people who just want answers. >> gretchen: sorry, i thought you were -- >> brian: senator graham and john mccain heard this and this is what they said. >> i will hold her accountable and she volunteered for the assignment. she is incompetent when comes to benghazi and the person i blame the most is the president. my response to the president of the united states. we are not picking on anybody. and we want answers and the

buck does stop at your desk. >> in the presidential answer he contradicted as brian. she went at the direction to the white house and in the same breath but he said you go after the un ambassador who had nothing to do with benghazi . so which one is it? and by the way, now that it is admitted that the white house sent her out there there will be more questions of whether the white house was the people behind the her giving the information >> brian: he said it was terror. it was a supposed debate. read tran script. we did, did ambassador rice read the tran script. >> steve: one point in his presentation yesterday the president referred to her appearance on the five shows as's presentation and she wanted to state the facts as the white house wanted her.

why did they send her anyway? >> i would say it was his usual show of indignation which is his default response when he feels defensive and backed in a corner. how dare you attack my un ambassador? and then gives the strangest defense by saying she didn't have anything to do with the benghazi affair, then why the hell are you sending you out there? why didn't you send out the secretary of state or cia director or paneta who did know? >> steve: at times during the president's presentation in the east room of the white house he sounded like he was still running for office . he still had to tone. he was presidential but there was bitterness there regarding to benghazi. >> gretchen: reminding the tone on mitt romney and he turned to mitt romney how dare

you claim i did not call this a terrorist attack. it a similar feel one of the best arcticles from michael goodwin from the new york post. why bother? are they just presidential speeches with polite information. the president doesn't plann to announce? >> brian: he should do them because there are no follow up. >> steve: he did that eight months. >> brian: general petraeus will testify behind closed doors only about the libya situation and he will do it next thursday? >> gretchen: it will be today. >> brian: it will be today. >> steve: i believe it is tomorrow behind closed doors and classified in front of the house intelligence committee. mike morell will appear before the house and senate. and you know, one of the thingings that john mccain wants to know why didn't the

united states respond quicker? you know, the other trouble that petraeus has had lately not going to be part of that. over in the house, the top democrat dutch ruthlesberger from maryland. they are going to go ahead and petraeus/broadwell thing to make sure what happened with the f.b.i. investigation. >> brian: i think was clearr that petraeus planned to stay on. he didn't think it would cost him his job . maybe james clapper had a thing with petraeus . clapper didn't want him to do that. >> gretchen: and the president admitted no national security was jeopardized . others will wonder why petraeus had to step down . we are talking about susan rice and whether president would put his cledible on the

line and nominate for secretary of state. i am telling you, he will. >> brian: he wanted that fight. >> gretchen: he made it clear yesterday. >> steve: i think it will take too much political capitol in this term and while john kerry is waiting in the wings. saying i can do it and reporting for duty. it promiseless to give you a boost. watch a warning this morning. five-hour energy could kill you. that's the question. >> brian: it is a question. we have not answered that question. >> gretchen: is she's new's reporter or gushing fan. >> thank you, mr. president and congratulations by the way. one quick follow up. >> it is when i was running foritate senate. >> christie and i have gone away. i never seen you lose. can

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>> thank you, mr. president and congratulations by the way. one quick follow up. >> she was there when i ran for state senate. >> i was i never seen you lose . i wasn't looking that one time. >> steve: maybe you could call her the president's biggest fan. a chicago newspaper reporter in the east room congratulating the commander-in-chief on the win in the second term in office. joining us with more reaction . editor in chief of the daily caller. tucker carlson. we talk about that kind of stuff and exhibit a, there it was. oh, you look very handsome

mr. president. can i get your own pillow. i will put that video on endless loop on the laptop. giggles and faun blushing . he's had fewer press conferences and you would expect pent-up frustration from the press corp. when he enters the room they melt. disgusting. >> steve: we talk would a while ago about his defense and his strong defense and buck stop here of susan rice. what do you make of that? >> it is an opportunity for him to accuse his opponents of bigotry. you don't like susan rice because she is a woman and you are picking on her and you have to get past me. it is a panner to a constitency. there are all kinds of ledge mate concerns about susan rice and couple of my democratic

friends is inquired that he would quander political candidate to put her susan rice. and you have qualified candidate ring. >> steve: he talked about raising taxes on the rich. he said majority of the voters gea are with me. it was not true. he got 51 percent of the national vote. and now he did -- >> this is one of the things that mr. obama ran on. he did telegraph this many months ago. i am surprised by the intensity of his position . he said in the press conference. i am tank the u.s. economy if i can't force the rich to pay for and close the budget gap. he is expecting to raise 1.6 trillion dollars from the top two percent of the people earning over $250,000 a year. it doesn't make mathematical

sense. he is committed to it and no mention . entitlement spending that is driving our debt and medicare. he doesn't mention it. >> steve: did it sound to you like he's still running for president? >> yeah, sometimes it is hard for these guys to decelerate. he's not negotiating with republicans on this fiscal cliff deal. he's negotiating with the public directly. they haven't had a sit down meeting with therepublican leadership. they are taking the case to the public and say look, the rich need to pay their fair share. the rich already pay for a disporportionate part of the budge anyway. >> steve: tucker carlson reporting live. >> you look great, steve. >> steve: i have never seen you lose. thank you very much. straight ahead. first they fight for our freedom and now the economy. wait until you hear what these

veterans came up with. major trouble for rocker jon bon jovi's daughter and why she ended up behind bars. this program is brought to you by the villages, florida's friendliest home town. one. two. three. my credit card rewards are easy to remember. with the bankamericard cash wards credit card, i earn 1% cash back everywhere, every time. [ both ] 2% back on groceries. [ all ] 3% on gas!

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>> >> brian: president obama will be on the ground in staten island, new york looking at the devastation left behind super storm sandy. there is an investigation in two major power companies over their handling of power out ages. ocean side, new york blast our reporter has the details. >> brian good morning to you. we are outside of the outreach of the long island power authority. many are criteca of lipa

following the response to hurricane sandy. there are subpoena to lipa and con edison. lookingament whether the utilits were prepared or responded correctly. customer in new york have been frustrated. >> this is a nightmare. we are slaves to coned, and they have us at their mercy. >> the attorney filed a class action lawsuit against lipa claiming that the utility was negligent. there are one million plaintiffs possibly as part of the lawsuit. no comment from lipa on the lawsuit. robert moses, fox news. >> brian: lipa mastered the no comment. over to gretchen. >> gretchen: all right. thank you so; brian.

group of military veterans of the 8-80s will not retire. they are hard at work creating new jobs. retired u.s. marine is co-founder of the eight 80s. he's nigh guest this morning. >> good morning, gretchen. >> gretchen: the of this part of group of eight is what? >> you had to be serving in the military in war time and over 80. >> gretchen: you have a group of fantastic heroes, what did you want to do for this country in >> three of us were in a plane flying around kingston and our 94 pilot is the oldest pilot in the state of north carolina and i looked at the other twompt the president and governor and even the mayor in kingston all they can talk to is about jobs. you think we could create a

couple of can jobs. we could do that but we would do five or six old men. when the day was over. we found five and now we had five plus the three of us and now we have 80 . the question eightment -eightment eight. we wanted to get the day-to-day operations and so we took a piece of fabric that i co-authored a patent and we had a fantastic run if nasa on and when that was over. that went in sheets and blankkets and pillow cases and people can buy those sheets that are manufactured in kingston, north carolina it is a wonderful sheet to put on the bed. you go from wet to dry in four or five minutes, we took the fabric and had shirts made.

i attended the arm yenavy war colleges and decided i would go up to the army war college to it and larry goodson, my mentor up there looked at it and said it is beautiful. how much do you need. we are not in the business of making money. but we are in the business of creating jobs>> you created sea shirt and setting aside some of the deliberation for the wounded warriors >> we manufactured two shirts, we sell one and give one to either the wounded warrior battalion in camp lajune or wounded waror barracks and man fate a fantastic garmment for women with night sweats and brought them down to the lady marines and by the time we left we showed them a letter lucy had said.

fred, i love you and i got a full nights sleepp . i called her husband and called lucy and said okay if i make copies . she said i would like to be your international spokesperson. >> gretchen: you and the other eight of this group are fantastic human beingings. creating jobs based on something you had done in this life with your patent and giving back tolt military. we are looking at a picture of you guys and hats off to the group of the eight 80s the sea shirt and the donations that you are making back to wounded warrior. great to speak with you today. >> it was good being with you, thank you. >> gretchen: great story, right. it was a simple question on benghazi from our own reporter, ed henry, watch this. >> on 9/11 as commander-in-chief did you issue order toz try to protect their lives. >> gretchen: the president's

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>> some political news, turns out democrats are considering mitt romney's tax plan as a waya tooto avoid the fiscal cliff. mitt romney had terrible ideas. hey you want to spin those ideas. >> brian: mitt romney said we are too much entitle too many gifts were given for him to win >> chris: the big gifts and the takers wound up rewarding the president of the united states. meanwhile the president of united states. answered the first question in eight months. ed henry, i think pound for pound asked the best question of the day regarding benghazi and the president of course some on the right would not answer. he deflected. here is ed and the president.

>> families are waiting more than two months. i would you like to address the families if you can. on 9/11 ass commander-in-chief did you issue orders to try to protect their lives. >> ed, i will address the families not through the press. but i will address the families directly as i already have, and we will provide all . information that is available about what happened on that day. that's what the investigation is for. i can tell you that immediately upon finding out, our folks were in danger that my orders to my national security team do whatever we need to do to make sure they are safe and that's the same order i would give any time i see americans are in danger, whether they are civilian or military. that is our number one priority.

>> would they out and nine hour attack did you think that the attack was over. and why wasn't the cia told and told to stand down. he couldn't follow up the facts. >> gretchen: or any questions about the petraeus situation. it an assumption should the president have been told by the f.b.i. about the petraeusuation instead of questions like why did general david petraeus blame it on a videotape two days after the attack? it was like they were already preset in the notion that the president didn't know and they accepted it as fact in the press conference. >> steve: we'll tell you about the press conference and what not coming up. we have two and half more hours. headlines for you. pay attention. could a popular energy drink possibly kill you. that stuff look familiar? deaths and five-hour energy

may be to blame. there is 90 reports about the drink and 30 of the cases involved heart attacks and convulsions. and last month five deaths was link to monster energy. >> brian: meanwhile, police busted jon bon jovi's daughter. she is 19 . stephanie bongvovi . she was released last night. she has a drug problem but the family was unsuccessful to getting her to rehab. >> gretchen: we know the john tilton and wc young and david williams had just taken off when their plane sputtered and crashed in a home in jackson, miss. the owner of the plane went hunting instead of going.

>> i don't really know to say about that. i kind of feel guilty in a sense. >> gretchen: it will be months before we know what caused the crash. >> steve: find yourself kicking back a cold one a few days a week? well maybe. you may be using a calories intake a day on alcohol. a study finds americans on average consume 100 calories a day on alcoholic drinkings . 12 ounce beer is 150 calories same as a can of sode a. those who consume the most you guessed it, fellas. >> gretchen: follow up from super storm sandy. they get power back without weeks in the dark. >> steve: struggling to carry his daughter and grand daughter. >> brian: don't worry the

press is coming. john. you experience anything like this before. >> no, it is the first for us. we are in town 33 years. >> brian: how close to the water. >> as the crow flies. we got six feet of water. >> steve: inland a mile . what don't people realize. >> they don't realize how alone we were. we had no police. fire department was always around but we had no information on what was going on. nothing. >> steve: who do you blame? >> you blame everybody. politicians in the locall area, they didn't do a darn thing. we couldn't get telephone conversations or make phone calls . we media talked about manhattan and not about us. we had nothing. >> gretchen: you are a retired police officer. you think if you might get

action. we saw politicians in the neighborhood but were they making stops and photops? >> only politicians that came to our neighborhood got booed off of the stage. >> gretchen: 31,800 need equipment repairs. and a total-33,900 customers without power. these are power without. you have no heat in >> you can't get parts. my burner man said i will order them and put you on the list. >> brian: did fema provide you money for lodging? >> fema, i haven't spoken to anybody from fema. noege to the house or anybody to look at anything. fema, flode, homeowner's nothing. >> brian: the lipa chief retire said he's moving on and had no regrets about the plan.

his regrets is the communication. he hasn't shoped how good they're communitying. >> that's's fact he's not doing good. no communication. can all you hear is they say. you know how smart they are. they are not. >> steve: say the president of the united states, we are not revealing where he will head. >> brian: staten ilandd i think. >> steve: if he were to pop in front of my house what would you tell him. i will tell him to get people in the neighborhoods and on the ground and talking to these people. we had no communication. we couldn't communicate. >> gretchen: you have your home and grand daughter wu. 92 it is gutted. it is an act of god but think they do it every single day and situation is worse and little or not quite as bad and don't have a handle on how to do it let alone the gas situation. you could not fill up your car

for three weekings . >> your job is to be prepared. lipa dropped the ball. telephone company dropped the ball. at&t hasn't gotten service up because power is down . it doesn't appear to be any day now. all you get. >> steve: technology and infrastructure has to get to with strand the of the future. >> the northeast never had anything like this before. >> steve: we hope you get warmth before thanksgiving. >> thank you very much. >> brian: you can stay in our green room. >> i might take you up on that. >> gretchen: put out a blanket. pastry and booze is that a over due. >> brian: sorry officers. >> investigators knew about

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>> brian: using your money to promote alabama care. the ways and wane committee said they have stone walled request for information. and i will take mine with a dash of vodka. serving up dunken doughnuts. can i finish please? liquored up custard and jellies. it cooks off but don't worry there is still good flavor

left over. much like rum cake. you can have that and operate a tractor trailer. >> steve: lookk out for the people who are all donated up now. take it away. did the news of david petraeus' affair shock the white house or did they know it was coming. >> gretchen: many on capitol hill find the resignation too hard to believe. judge napolitano and author of new book theodore and woodrow we talked about that the other day. and we wrote your analysis of silencing general petraeus. >> someone wanted silence and get him out of the job for a private personal behavior that has never dislodged high ranking government official in the past. we have had a slew of presidents from fdr to clinton who had dalliances with woman to whom they were not married and had forgiving spouses like

general petraeus. it was known and whispered about when he was commander of troops in afghanistan that he was spending too much time with this woman and she was getting too much preferial treatment and might have been manage going on with them and then he left the military and nominated to run the cia. prior to that nomination, he under went a two-month f.b.i. background check. i know how thorough it is. one of the things they would have done let's see your visitor logs and everybody that visit you in the time that you were commander in the time in afghanistan and interview them and talk to everybody around you and find out what they are chis whispering it tompt and it was reported to the president and then senate intelligence committee before he was nominate confirmed it is utter nonsense that the president didn't know about this. >> steve: who was out to silence david petraeus.

>> either the white house himself they didn't want him to say what he knows because it would contradict or members of the intelligence community itself who are not unknown to do things like this when the leader is not fulfilling the mission. >> gretchen: they were investigating petraeus for the last six months and had him testify it was the videotape on september 13 and then that they on purpose had him resign when they found out other people were going to come to testify so he couldn't come to november 15th. >> you would have to make a leap of faith that the f.b.i. accidentally discovered this. if they started this investigation of a great leader and person who brought the military through difficult times and did so with triumph. if you start a investigation on him because one f.b.i.

agent wants to vindicate an objection a female has. no evidence of crime or national security. you have an e-mail with someone who is vying for the general for your investigation . that is improper basis and so everything that the investigation uncovered is inappropriate. >> steve: exactly . in your piece you talk about the f.b.i. and cia are bitter rivals and so weird that some guy from the f.b.i. ising. >> and the president doesn't know about it you are briefed by the f.b.i. every week. >> gretchen: thank you, judge so much. coming occupy "fox and friends", should an entire neighborhood have to chop down their trees because of a child allergic to acorns. >> can curt busch is here to weigh in. brian take him over and weigh

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>> gretchen: good morning, everyone. it's thursday, november 15, 2012. i'm gretchen carlson. thanks for sharing your time with us today. he's willing to talk, but only behind closed doors. in a few hours action general david petraeus will testify on what happened in benghazi, the day four americans were killed. so what will members of congress learn? a live report from our very on jennifer griffin who has been ahead of this story moments away. >> brian: susan rice may have misled the american people about benghazi, but the president says if you have a problem with her, you have a problem with him. >> if senator mccain and senator graham and others want to go after somebody, they should go after me. >> brian: right. and that's just fine with the

senators. they actually responded to that. you'll hear from them next. >> steve: meanwhile, should an entire neighborhood have to chop down their trees because one child is allergic to nuts? true story. we'll tell you who this mother is, where she is, what she wants to happen. hour two of "fox & friends" for this thursday starts now. >> steve: hello, everybody. welcome live from studio u. >> brian: i definitely we have a lot to discuss today. just to have an idea of going on of the we have the postal action, what's happening with the scandals with the generals and now how it leads to benghazi and then a pending possible middle east war, with israel going to try to dependent the

master mind -- so many attacks against the israelis. >> steve: yesterday on this couch we wondered whether or not david petraeus would testify on capitol hill. and the answer is yes. we are just hours away from hearings where lawmakers will push for answers on the benghazi terrorist attack and all eyes will be on david petraeus who we learned will testify. jennifer griffin live at the pentagon. when exactly will petraeus meet with the lawmakers and do we know where? >> it's a good question. first of all, as you mentioned, they are going to be having house and senate intel committee hearings today. mike morell, the acting director of the c.i.a., will be speaking to lawmakers during those hearings. david petraeus will not be attending those hearings today. we understand that he will be on capitol hill tomorrow before the house select intelligence committee. that's mike rogers, congressman mike rogers' committee, at 7:30 tomorrow morning. on friday, david petraeus is scheduled to appear before that

committee. we understand he will not be addressing the f.b.i. investigation that led to his affair, but that he will be talking about benghazi exclusively and what happened there. meanwhile, the f.b.i. is still investigating how paula broadwell, his mistress, ended up with so many classified documents at her home in north carolina. agents, f.b.i. agents returned to her home on monday night. but as of now, have not found that petraeus was involved in any sort of national security breach. >> brian: we're wondering about the f.b.i. guy that started this off, that jill kelly approached to say, i think i'm being somewhat harassed by somebody. can you look into it? who is he? what does he know? >> we've learned a lot more about fred humphries, a veteran f.b.i. agent. in fact, he was a hero back in 1999 at the end of 1999. it was his instincts that basically stopped a bombing of

the los angeles airport because he stopped, he was working up in canada and he stopped that bombing because he questioned somebody who was the attacker. so i talked to his lawyer last night and he feels that his client has been mischaracterized. he says that he sent some shirtless photos to jill kelly, who he was friends with a long time ago. it was not part of this investigation. it was a joke photo from when he was on the f.b.i. firing range. he was between two dummies. he and his wife used to have dinner with the kellies and he says that his client, fred humphries, has not been told by the f.b.i. that he's under investigation and he's still going to work every day. >> gretchen: that's interesting. one other question. was david petraeus when he originally testified before congress? it wasn't really testimony. it was a discussion with congress on september 13. was he under oath? >> it's a good question that my

understanding is that he was because there were concerns that came out of those closed door drovings. they were briefings, not hearings. but i think it's generally assumed that when you're speaking to congress, that you are to tell the truth. and there were some con sternation, i think, among hill members who felt this his emphasis on the protests and anti-islamic video that turned out to not really be the spark for this attack was a little misleading at best. >> steve: jennifer, thank you very much. there is an item this morning in the "wall street journal" that talks about in his final days at the c.i.a., petraeus was hurt by the libya crisis because he was, and brian you touched on this an hour ago -- he was pushing the c.i.a. should have their own time line. >> brian: it was getting bashed. >> steve: they absolutely were. you know who said don't do it? clapper, the director of national intelligence and the pentagon. and then the affair thing came

up and so at the end, there is all this finger pointing and benghazi really created an intraagency finger pointing situation that simply he didn't have the political capitol. it was time for him to go. >> brian: if paula broadal is exonerated, this whole thing, there is no scandal there. >> i'm happy to always answer questions. >> gretchen: her mike is still on in washington. >> brian: if we listen another minute, she'll break anoer story. >> steve: she might. that would be the good part of having the mike on. remember when the president during the debate said the buck stops with me? remember when hillary clinton initially took the blame for not providing security to the ambassador in libya and then the president was asked the question during the debate and he said the buck stops with me. yesterday he was also asked, kind of, about libya and what transpired there. and he basically said, he called out to the gop senators who have been criticizing him and want an investigation, he said, look, don't criticize my united states

u.n. ambassador, susan rice, who went out on the talk shows and blamed it on the videotapes. don't blame her. blame me. if you got a problem with me, beef with me, let's take it outside. >> let me say specifically about susan rice. she has done exemplary work. she has represented the united states and our interests in the united nations with skill and professionalism and toughness and grace. as i've said before, she made an appearance at the request of the white house in which she gave her best understanding of the intelligence that had been provided to her. if senator mccain and senator graham and others want to go after somebody, they should go after me. and i'm happy to have that discussion with them.

but for them to go after the u.n. ambassador who had nothing to do with benghazi and was simply making a presentation based on intelligence that she had received and to beshrimp her reputation is outrageous. >> brian: who sent her out there without briefing her on what was really going on? >> steve: was she the qualified person to represent the white house? >> brian: was john brennan's phone off the hook? were are all the people who took bows for the bin laden raid? >> steve: what he revealed during his presentation yesterday, that she was asked by the white house to make a presentation. so she did. meanwhile, while the president calls out those senators, those two male senators, there was actually a third, female, kelly ayotte -- the senator, john mccain, who was on the program yesterday, he responded to the president's challenge with this.

>> i'm going to hold her accountable. she volunteered for this assignment. she's either very incompetent, when she came to explaining benghazi or misleading. but the person i blame the most is the president. >> my response to the president of the united states is we're not picking on anybody. and the buck does stop at your desk, mr. president. >> gretchen: we're kind of missing the point of why susan rice was the one who went out on the sunday talk shows. it wasn't -- if she had nothing to do with benghazi, then the next question would be, okay. so why was susan rice dispatched? was it because the others wouldn't do it? you have to ask that question today. all these other people ho did have something to do with benghazi, they didn't go out on the sunday talk shows. hillary clinton -- >> brian: they still haven't. >> gretchen: tom donnellan. the list goes on and on. why did susan rice go out? if she was dispatched by the white house, for what reason? >> steve: maybe she was the only one who was available. i know the other day when they started the hearings up on capitol hill, hillary clinton

couldn't appear because i heard sean hannity talking on the radio, she was at a wine tasting thing somewhere. >> brian: right. you can't put them off. they're booked for weeks. all right. let's talk about some headlines and do something else. >> gretchen: militants in the gaza strip pounded southern israel with rockets, leaving three people dead. the first since an israeli air strike killed the top commander with hamas. the situation there changing every second. we will bring you yucutan peninsula dates as they happen. now he's under arrest for a murder. the los angeles sheriff's deputy is accused of shooting a man dead on father's day. it's believed he got into a fight outside with a man and shots rang out. the 17 year veteran of the department being held on $4 million bail. in a few hours, bp expected to plead guilty now to criminal misconduct for the deep water horizon oil spill in 2010. sources say an exchange, bp would avoid future prosecution. the exact amount not being

disclosed. a source says it will be the largest criminal penalty in u.s. history. that record is now held by pfizer, which paid a $1.3 billion fine for marketing fraud. we can expect more of this today from the president of the pharmacy linked to the meningitis outbreak that left 32 people dead. >> on advice of counsel, i respectfully decline to answer on the basis of my constitutional rights and privileges. i respectfully decline to answer on advice of counsel. i respectfully decline to answer. >> gretchen: that's barry cadden, as you can see, he was pleading the fifth over and over again during a hearing in front of the house panel. he goes before the senate today. 32 people have died. another 450 people are sick after getting tainted shots made by the new england compounding center that he was in charge of. those are your headlines. >> brian: 11 minutes after the top of the hour. should an entire neighborhood have to chop down trees because one kid has an allergy to nuts?

we'll report and you decide. then get your chain saws out. >> steve: anti-austerity protests rocking europe. stuart varney, from europe, says this could be coming to our streets. he's going to take a right and join us next [ mother ] you can't leave the table till you finish your vegetables. [ clock ticking ] [ male announcer ] there's a better way... v8 v-fusion. vegetable nutrition they need, fruit taste they love.

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>> brian: millions of workers across europe rioting against

spending cuts and tax increases. they all are designed to bring e.u. nations back from the brink so they're making tough cuts. so as the u.s. continues to sink further in debt, is this a preview of our future? stuart varney is here. what are the countries? >> spain and portugal yesterday a general strike. that's all workers go on strike. italy, greece. big walkout. you got street demonstrations. this has been going on for a long time. for generations in europe, politicians have bought votes by handing out goodies to the population. pensions, health care, you name it. they've run out of money. they've had to cut back. now you got riots in the streets. now look over here. what position are we in in america today? i say we're just getting started. we're throwing the handouts out. >> brian: mitt romney mentioned that yesterday 'cause he couldn't win because all these other people are giving things away. >> buying votes with taxpayer money, handouts all over the place. but we will not go for

austerity. we're not going to cut back. listen to the president in his press conference yesterday. we're not going to cut back. no. we're going to tax the rich to pay for it. >> we should not hold the middle class hostage while we debate tax cuts for the wealthy. we can not afford to extend the bush tax cuts for the wealthy. what i'm not going to do is to extend bush tax cuts for the wealthiest 2% that we can't afford when it comes to the top 2%. what i'm not going to do is to extend further a tax cut for folks who don't need it which would cost close to a trillion dollars. >> there you have it. that's how we're going to pay for it. the president thinks that if you tax the top 2% some more, you will pay for all the goodies, all the havenedouts that we've got going. >> brian: there is not a single person who knows how to add that it will make any significant difference to the trillion

dollars overbudget situation we are in right now. 80 something billion dollars if we raise the rates on the top bracket from 35 to 39.6. correct? >> you bring in $87 billion per year. >> brian: we'reover budget by over a trillion a year! >> exactly. it pace the interest on the national debt for ten weeks. >> brian: why does he act like that means something? >> wait a second. the alternative is to cut spending. that's the alternative. that's what they're doing in europe because they've gone over the cliff. they have to cut spending 'cause they've run out of money. we're going in that direction. but we refuse to cut spending now. no. we're going to tax the rich to bring in more money. that won't work. sooner or later, we do have to have austerity. we've got to rein in entitlements sooner or later. >> brian: it helps to get you elected, but i don't know how you govern with that philosophy. 'cause sooner or later it will implode. if you tell people the news they don't want to hear, that their medicare and rearranged for its

solvency, you don't get the votes. >> if you say we've got to cut back and grow up as a country and pay for what we're spending, then you will not get reelected. >> brian: stuart varney, we'll watch you at 9:20. >> thank you. >> brian: that's why we leave some in the tank when you leave here. 19 minutes after the hour. here is what's coming up straight ahead. their job is to bail people out. now there is word fema needs a bailout? then this is cindy crawford on the cover of shape magazine 20 years ago. i still have it in my locker in school. wait until you see her on the cover of shape magazine today hey! did you know that honey nut cheerios has oats that can help lower cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy.

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>> steve: time for quick headlines on this thursday morning. a frantic search underway for a missing texas a & m receiver. thomas johnson, a freshman, has been missing since monday night. he did not attend class or practice and was last seen leaving his residence. another bailout may be on the horizon. top fema executive says the agency expects up to $12 billion in losses for monster storm sandy. but fema's flood insurance program has less than $3 billion available. oh, oh gretch, back to you. >> gretchen: thank you, steve. it is the haven for young pregnant women who want to carry their babies to term and have no place else to go for shelter, counseling, and hope. it's called birth haven and tina is the executive director, here to share information about this very special place. good morning to you. >> good morning. >> gretchen: so you've been with this organization for five years. tell us exactly what you do. >> my current position is executive director of birth haven and our position is that

we accept mothers from all over the world and when they come to birth haven, they are currently pregnant and homeless and they have nowhere to turn. >> gretchen: many cases, we're looking at some of the images, the young mothers with their children. in many of these cases, they're in high school or some are in their early 20s. but they've been put in a situation where maybe they're not welcome at their own home? >> absolutely. some of them are asked to leave the current home that they're in due to their decision to carry their pregnancy to term. and they have found she was without nowhere to go. >> gretchen: you are a nonprofit organization. you rely completely on donations, right? >> yes. we rely strictly on private donations and our five fund-raisers a year and that makes up our complete budget for the year. that is how we maintain our facility and operate. >> gretchen: you serve as up to 85 young women a year. but at one time, you can have

nine residents in your home. >> yes. at one given time, we are able to house nine residents at one time and because every mother comes at a different stage of their pregnancy, that leaves us the ability to serve approximately 85 mothers a year. >> gretchen: the moms are required to work, being involved in a career center. at the time that you're housing them, you're also trying to guide them as well. one of those decision social security what will they do with their child. you also provide counseling for that? >> we do. we provide counseling for our mothers if they decide to parent their baby or if they choose for adoption placement. our counselors work with them to decide what the best plan for them is and where they want to go. our mothers that are undecided at the time receive counseling throughout their pregnancy to make the best possible choice. >> gretchen: all right. we mentioned you're nonprofit. tomorrow night you have a casino night coming up to try to raise funds. if people want to get involved, what can they do? >> if they want to become involved with casino night, we have tickets available. fund-raiser at the weston

governor maris in morris town, new jersey, and we are also offering a visa gift card, $5,000 visa gift card. your chance to win is one in 200. we are only selling 200. they're available on our web site at www.birthhaven.org. good luck with the ehave not. >> thank you. >> gretchen: coming up next, major trouble for jon bon jovi's daughter. she landed in the hospital and then behind bars. we'll tell you what happened. then should an entire neighborhood have to chop down trees because one child is allergic to nuts? we report. you decide i'm a conservative investor. i invest in what i know. i turned 65 last week. i'm getting married. planning a life. there are risks, sure.

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i >> there is a new study from the journal trends and genetics. i don't know what it is either, but they suggest that humans may be getting dumber and get this, they spelled dumber with a b. morons. >> steve: thanks. do you think this is dumb? there is a woman by the name of donna, she's the mother up in canada. she has launched a campaign to

have oak trees near children schools cut down because she wants to create a nut free zone because there are a lot of kids with nut allergies. so get rid of the oak trees that drop acorns because the kids would be exposed to it. she also says the mere sight of acorns could trigger anxiety in the allergic child. so get them off public property. >> gretchen: i know where she got the idea. she may be taking it too far, but she got the idea from the schools in this day and age because they don't allow you to bring in any peanut products at all, even though the percentages are somewhat smallest to the number of kids allergic to them actually. i know in my kids' school, every single notice if you're bringing in snacks at all says do not bring in peanut stuff. you have to wonder if schools in this day and age, they know maybe the legalities that they might face if something were to happen. so they have to be ultraprotective of a possibility of it. >> brian: that's why you can't have birthday cake for your

kid's birthday cake. >> gretchen: that's different. >> brian: but it's on the same premise. the other thing is, what if you're allergic to dogs? i'd like all the dogs out of the neighborhood. my son breaks out and his nose runs. >> steve: what if your shell fish toxic, are you going to get rid out of the hermit crab out of the class? if you're lactose intolerant, getting rid of cows in the petting zoo? what's interesting is -- >> brian: with pet cows? >> steve: sure. because they don't move much and you can milk them. the thing about the nut allergies in school is kids have the potential to actually eat the nuts in the school. >> exactly. >> steve: here is the thing, the acorns that fall, the kids don't go out and eat the acorns or pick them up and that's how your allergy is triggered. so it seems like a stretch. >> gretchen: is it going to go anywhere? are they really going to chop down the trees? it seems far fetched. >> brian: if i could send a message, could we pull jennifer

griffin off the benghazi stuff and put her on the nut story? fox news alert, militants in the gaza strip pounding southern israel with rockets leaving at least three people dead. the deaths, first since an israeli air strike killed the top military commander with hamas. joining us live from the outskirts of israel, leeland vitter, what does it look like today? >> brian, hamas said they were going to, quote, open the gates of hell and that's what happened here in southern israel. i'll set the battlefield for you. just over my right shoulder, a couple hundred people. that's what the militants are aiming for. that is the iron dome missile defense system which the israelis have deployed to try to protect these towns. while it intercepted dozens of missiles headed for population centers, it's not perfect. we've got more missiles coming in. you can see everyone running. this is the safest place. we're going to come in under

here. the missiles are coming from this direction. this is actually the building where three people have already died and you can hear the screaming. you can see the police all trying to get everyone in. now we wait. those awful seconds that everyone in this part of the world knows what it's like to wait as the missile is coming in, you know it's here. the question is, where will it hit? there it was. the explosion very nearby. what you don't know is whether that was the iron dome exploding, intercepting the missile or whether that was another hit somewhere around this very densely populated residential area. there you go. that's the iron dome. you've got an explosion in the air. we're going to walk around to the other side where you saw this damage. when you talk about what these missiles can do, that's it. this is the other side of the apartment building we were on. it was a direct hit a couple hours ago. killed three people inside that

apartment and seriously injured a baby. there are so many rockets coming in here to southern israel that they have had to reload the iron dome systems here. there are civilian casualties on both sides. a couple kids killed in gaza, one baby injured here. right now they are in the funerals for the hamas militants who were killed that began this israeli operation and at least experts here are saying that after those funerals, which should end in the next hour or so, we can expect once again as hamas would say, the gates of hell to open and fire to rain out from the gaza strip in the form of missiles. brian, back to you. >> brian: we have to make sure there are none coming from the other border. this could really get out of control. >> there is no question about that. it's always a fear the israelis have, especially when you have the northern border, nome do you

have hezbollah on the north, you have as we remember the mortar shells coming from syria, we heard for the third time in just a week, there has been something coming in from syria into israel, a soldier from the israeli military was injured by shrapnel coming in from syria today. back to you. >> brian: thanks so much. >> steve: be careful. >> gretchen: now the other stories making headlines. it's official. jon corzine thanked mf global. his bad management decisions led to the firm's bankruptcy and loss of $1.6 billion in customers' money. specifically the report says that he created an atmosphere where no one could challenge his decisions. corzine used to be the democratic governor of new jersey. >> steve: meanwhile, it could have been him. this morning we're hearing from the owner of the plane that crashed into a home leaving three people dead. roger latham was supposed to be on the plane with three pilots heading to an faa safety conference. at the last minute, he decided

to go hunting instead. >> horrible thing. i don't really know what to say about that. i kind of feel guilty in some sense. >> steve: he is awe live. the pilots are now being identified. john tilten, wc young and david williams. they had just taken off when their plane sputtered and crashed in jackson, mississippi. >> brian: police busted bon jovi's daughter after she overdosed on heroin. she's 19. she was found unresponsive inside her it dorm at hamilton. she was rushed to the hospital. it's believed she was released last night. a friend says she's got a drug problem and her family has been unsun cessful about getting her into rehab. >> gretchen: here is super model cindy crawford on the cover of shape magazine. that's 20 years ago? she's proven, guess what, she's still got it. here she is now. on the cover of the same

magazine. wow. the 46-year-old mother of two warns striving to be super skinny can make you look older. her secret? pick a weight you can maintain. >> steve: who knew that shape magazine was 20 years old? >> brian: right. she's been living in some biodome refusing to age. let me tell you what's going on in football. first, rex ryan calling the jets cowards. reports say ryan ripped apart the team for anonymously criticizing tim tebow in the daily news. ryan rushing to tebow's defense. >> every single day when he hits the field, he works about as hard as anybody i've seen. he stays longer than probably any player we have working on those skills. >> brian: they basically said in the daily news that he's terrible. tebow says the criticism motivates him to improve. tomlinson cromarty is the player

who called him absolutely terrible and that's why he shouldn't play. baseball, the mets pitcher is the first knuckle baller ever to win the cy young award. he's not young. he was the national league with 230 strikeouts, the mets' first 220 game winner since 19120 and the last -- 1910. the rays david price won the al award. justin very lander has a very attractive wife that, should help him get over this. just bringing that up. dickey, 37 years old to win that and the mets say good. we'll have to trade you now. >> steve: good mentality there. >> gretchen: coming up, 87-year-old doctor still charging what he did years ago. five bucks. the reason will blow you away. >> brian: good practice doing the scramble. >> steve: ambassador is dead, but his boss, hillary clinton, won't explain what happened in

public. can americans get key answers on libya without hillary? we'll talk to congressman dennis kucinich. he's next. >> brian: he looks so happy [ woman ] ring. ring. progresso. in what world do potatoes, bacon and cheese add up to 100 calories? your world. ♪ [ whispers ] real bacon... creamy cheese... 100 calories... [ chef ] ma'am [ male announcer ] progresso. you gotta taste this soup. i'm going to dream about that steak. i'm going to dream about that tiramisu.

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>> gretchen: 43 minutes after the top of the hour. quick headlines. did the department of health and human services use your money to promote obamacare? kathleen sebelius facing a subpoena, so we may find out. the house ways and means committee says the obama administration has stonewalled request for information. forget co-pays. this illinois doctor charges only five bucks a visit. the 87-year-old doesn't even accept medical insurance. he claims it's not worth the hassle. he says he's just interested in helping people and not making much dough. all right. steve? >> steve: president obama

yesterday held his first press conference in eight months and got testy when asked about the deadly attack in libya where four americans were murdered. >> i would like for you to address the families, if you can, on 9-11 as commander in chief, did you issue any orders to try to protect their lives? >> i'll address the families not through the press. i'll address the families directly as i already have. i can tell you that immediately upon finding to my national security team were do whatever we need to do to make sure they're safe. >> steve: so has the president been forth coming with the american people and is congress satisfied with his response? let's now talk to ohio congressman dennis kucinich who joins us live from washington. good morning to you. >> good morning. >> steve: a lot of people looked at that answer that he gave to the question by ed henry and said, well, he dodged the question. have we heard enough solid

answers from the administration on what happened in benghazi is this. >> no. and first of all, it was the administration's decision to go into libya without congress' permission. that's number one. number two, we still don't know what happened that resulted in the deaths of four americans. the question is, what was the security environment like prior to the attack? and there have already been cables that have been released that have indicated that people in the state department had to know that the security situation in benghazi was already very dangerous, that al-qaeda units were in the area, that jihaddists were out there, that there was no predicting what could happen, and that raises questions about why wasn't there enough security to protect those who were serving inside that compound. >> steve: absolutely. that's such a good point. now, there are some of your colleagues on the other side of the aisle have suggested given what we've heard from susan rice, the united nations ambassador, and other things that the president and jay

carney said, that there has been a gigantic cover-up regarding what the administration knew, when they knew it, what they did, stuff like that. are there any democrats on your side who feel that there could have been a cover-up? >> i don't think we know enough right now. >> steve: but shouldn't we know enough by now? >> here is what we need to find out. we need to find out what was known prior to the attack and what was known while the attack was going on. for example, were assets of the c.i.a. and the department of defense told to stand down and not to respond in an emergency situation that later on proved to be fatal for four americans? >> steve: later today, or rather tomorrow for sure, it looks like general david petraeus is going to be speaking to members of the house intelligence committee behind closed doors someplace, we don't know exactly where, to try to explain from his point of view. he did personally conduct some

sort of investigation just before it hit the fan with him. he's going to go ahead and testify. but hillary clinton, who was ambassador stevens' boss, who knows a lot about this, is pretty much getting a pass on this. she is not, at this point, scheduled to testify. don't you see a problem with that? >> there is a couple of things here. first of all, it's important that general petraeus testify not only behind closed doors, but take an oath in public and give his account there of what happened. secondly, with respect to secretary clinton, she certainly does have a responsibility to be forth coming with respect to exactly what was that security environment leading up to the events of the attack on the compound in benghazi. we know that secretary clinton played a critical role in the decision to go in. but we also need to understand exactly what was her role, what was her thinking? we know there were cables sent to the state department that she

had to have access to that would describe a very sharply deteriorating security situation. if the decision were made that did not beef up that security situation, the american people need to know why and who made them given the consequence of those decisions. >> steve: it just looks like the more we know, congressman, and it just comes in drips and drabs and the administration has not been forth coming. don't know why. the more we hear, we realize those guys over there, the ambassador, sean smith, and ty woods and clint dougherty, they were pretty much left on their own. we could have helped them and we didn't. >> that is what concerns me. were these four americans, could their lives have been saved if there was a rapid response. we had assets in the region. why weren't they employed, even if they arrive late, the fact of the matter is, no attempt was

made. this is what i want to know why not? and what was the decision made not to engage the locals who -- think about this for a moment. we went into libya to protect libyans in benghazi. we couldn't go into benghazi to protect american there is? >> steve: great point. congressman, joining us from the bureau, thank you very much for taking the time. >> thank you. >> steve: it's now 11 minutes before the top of the hour. hurricane sandy came and went and weeks later, some families are still in the dark. a mother raising her kids without heat or hot water joins us next. first, back in 1966, number one song in america "you keep me hanging on". i is is

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>> gretchen: in a few hours, president obama will tour several new york city neighborhoods devastated by hurricane sandy. it's his second visit to the area. he was in new jersey actually. thousands are still without heat or power. >> brian: in long island, residents have grown furious and are filing a class action lawsuit against the long island power authority, known as lipa. jennifer is a resident of oceanside, new york and part of that lawsuit. jennifer, it's an act of god. you can't control it. do you feel it's been responded to and prepared for well? >> no. >> brian: what are you experiencing now? >> we had no power. i just got it back yesterday. i have no heat, no hot water. nobody is helping. nobody. >> gretchen: who are you trying to call and what kind of response do you get? >> lipa, they were promising me every day. 24 hours, 48 husband, we'll get your power on. five days now, i got nothing.

>> brian: how many blocks does this span? >> it was just my block yesterday. it was my home, a senior citizen home, and an apartment complex and a gas station. we had no power. >> gretchen: you finally got power yesterday, but you have a problem like a lot of other people. they got their power back, but now their heat doesn't work. >> that's right. because i have to wait for a new boiler, which they couldn't make an appointment until i got my power back. >> brian: how can you deal with the fact your kids go to school? >> i call the school yesterday and told them they can't return until i have hot water and heat. so that won't be until the 23rd. >> brian: your kids lose out then 'cause school is going on? >> that's right. they're going to have to see how they can catch them up 'cause it's not our fault. >> gretchen: yesterday it was announced there will be this class action lawsuit now against the power company there. what was it that made you decide to join this? >> a lot of things have happened emotionally. fighting with my kids and it's

stress, too much stress. >> brian: that stress is unbelievable. you tonight know where you're eating every day. where are your clothes? you're basically living in your car as you jump from family friend to maybe the fridays down the street or the appleby's down the road. >> i had to call a friend yesterday to take a shower. embarrassing. >> brian: do you have flood insurance? >> no. no, i'm not in a flood zone. >> brian: how much water did you take on? >> we got about five inches in the basement. enough to mess the boiler up, the hot water heater. it wasn't as bad as a lot of other people, but i still tonight have power. >> gretchen: so many people are frustrated and what would you, if you got a chance to see the president today, if he came to your neighborhood, what would you say? >> i'd tell him to give me hot water and heat or stay at my house, see what it's like. we need help. we need help. >> gretchen: hopefully you'll get it very soon. jennifer, she lives in

oceanside, new york. she's still waiting for things to come back to her house. thanks so much. >> thank you. >> brian: five minutes before the top of the hour. is she a news reporter or a fan in the press box? >> when i was running for state senate -- >> that's right. i was. >> we go back a ways. >> i've never seen you lose. i wasn't looking that one time. >> brian: michelle malkin, top of the hour. >> gretchen: then country music legend charlie daniels sends a letter to the white house with some advice for president obama. he's here live to share it with you. right back hey! did you know that honey nut cheerios has oats that can help lower cholesterol? and it tastes good? sure does! wow. it's the honey, it makes it taste so... well, would you look at the time... what's the rush? be happy. be healthy.

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[ male announcer ] you've reached the age where you don't back down from a challenge. this is the age of knowing how to make things happen. sowhy let erectile dysfunction get in your way? talk to your doctor about viagra. 20 million men already have. ask your doctor if your heart is healthy enough for sex. do not take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effects include headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medical help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience a sudden decrease or loss in vision or hearing. this is the age of taking action. viagra. talk to your doctor. >> gretchen: good morning, everybody. it's thursday, november 15, 2012. i'm gretchen carlson. thanks for sharing part of your time with us today. the jeb david petraeus agreeing to testify on capitol hill as

hearings on the libya terrorist attack begin today. will the scandal now widen? a live report from our very own jennifer griffin moments awayle. >> steve: the president has a message for anybody who goes after ambassador susan rice and her five-time benghazi flop, bring it on. >> if senator mccain and senator graham and others want to go after somebody, they should go after me. >> steve: michelle malkin here to weigh in on the president's challenge very promptly. >> brian: i think he and john mccain have a little bit of a problem. >> steve: do you think? >> brian: country legend and small business owner charlie daniels just sent a letter to the white house and he's here to tell us what that letter said before the president has a chance to open it. "fox & friends" starts right now. >> steve: charlie daniels devil went down to the post office and sent a letter for the president?

>> brian: he's been around a while, taken a lot of risk, he's lost it all, got it all back and invested correctly and takes pride. >> steve: got a great personal story. charlie is with us this hour and michelle malkin. >> brian: like gretchen, play the fiddle. >> gretchen: you and i, i was reading your mind. if you want any fiddle questions, i'll write them down. >> brian: i need it. i need to know my scales. >> gretchen: okay. you didn't learn those when you played clarinet? >> yes, i did. >> gretchen: good. for your mom who is listening to see if you practiced. >> brian: i just don't know how to use the bow. >> gretchen: of two do some headlines. overnight, militants in the gaza strip pounded southern israel with rockets, leaving at least three people dead and this is the apartment where it all happened. the first since an israeli air strike killed the top military command better hamas. the situation there changing every second. we have a reporter on the scene. we will bring you any updates as they happen. admitting now that it's

close it a settlement over the deep water horizon oil spill. reports say bp will plead guilty to criminal misconduct. sources say an exchange for pleading guilty, bp will avoid future prosecution. the exact amount of the payment not being disclosed. but a source says it will be the largest criminal penalty in u.s. history. that record is held by pfizer which paid $1.3 billion for marketing fraud. he is paid to solve murders but now under arrest for one. the los angeles sheriff's deputy accused of shooting a man dead on father's day. it's believed he got into a fight with him outside his home. the 17-year veteran of the department being held now on a $4 million bond. we can expect more of this today from the president of the pharmacy linked to that meningitis outbreak that left 32 people dead. he seemed to say the same thing. >> on advice of counsel, i respectfully decline to answer on the basis of my constitutional rights and privileges. i respectfully decline to answer on advice of counsel. i respectfully decline to

answer. >> gretchen: barry cadden pleading the fifth over and over again in a hearing in front of a house panel. he goes before the senate today. 32 people have died. another 450 are sick after getting tainted shots made by the new england compounding center. those are your headlines today. >> steve: we've been looking for a while and we still don't know what really happened in benghazi, libya, on september 11 of this year? that's what lawmakers will try to find out in hearings that start just a couple of hours from now. jennifer griffin -- jennifer griffin live at the pentagon. even though they start today, all eyes will be on somebody who has been splashed across many headlines over the last week. he's going to testify someplace tomorrow. >> that's right. as you know, there will be hearings before the house and senate intel committee today. acting director of the c.i.a., mike morell, will be at those hearings. david petraeus had been scheduled to be at those hearings until the news of his affair broke and his resignation last friday.

he has now agreed to meet with the house intelligence committee. we can confirm that. he plans to meet them tom morning at 7:30 a.m it's presumed he will come to capitol hill, but we don't have confirmation of that. these will be closed door briefings in which he will answer only questions about benghazi. not about his affair and the f.b.i. investigation that led to the revelation of his affair with paula broadwell. the f.b.i. is still investigating how paula broadwell ended up with so many classified documents at her home in north carolina. agents returned to her home monday night, but as of now, have not found that petraeus was involved in any sort of national security breach. >> brian: it seems as though jill kelly had no idea what she was start starting when she asked to find out who was sending her e-mails. next thing you know, things are blown out of control in her life, her horrible debt has been revealed and her relationship between these other people have been exposed. the f.b.i. agent she approached,

we fine israeli a name and face. >> we do. he's a veteran member of the f.b.i., a hero, if you will, who really is single handedly responsible for stopping that 1999 potential bombing at the los angeles airport. it was his instincts when he was based in canada that stopped the man coming through canada enroute to bomb -- it was part of the millenial bombing plot. he really stood up for his instincts told him something was not right. and he also pressed for the f.b.i. not to hand arrest him over prematurely to the new york bureau and continued questioning him and he was getting more out of him when he was cooperating. so i spoke to fred humphries' lawyer last night and he felt his client had been really mischaracterized and this notion of him sending shirtless pictures to miss kelly. he said that humphries and his wife were friends with the kellies and it was a joke

picture sent long ago of him on the firing range at the f.b.i. shirtless between two dumbies. but he also said the f.b.i. had not removed him from the job. he was still going to work every day. and that he hadn't been informed of any sort of investigation against him. >> gretchen: amazing how all this information is coming out now right after the election. jennifer, thanks for all the hard work you've been doing. we appreciate it very much. now time to bring in michelle malkin with her comments because the president gave a press conference yesterday. i thought we were going to get a lot more answers out of him about exactly what happened in libya, but he did what others have done in his administration and just basically said that it's under investigation, so he's really not going to go there right now. >> yeah. he did the tap dance. he did it well. the reason why we didn't get more answers, of course, is because there are not enough questions asked, unfortunately. he spent then a lot of that time doing his macho stay away, don't you touch susan rice finger

wagging, which i found extraordinary because. >> gretchen: why? >> this woman was put out there, and i thought the part of his statement where he specifically said she was sent at the behest of the white house. >> steve: yeah, good point. michelle, for folks who have not yet seen it, we have scrambled the video team. we've got the sound bite in question. here he is responding to something that lindsey graham and john mccain had said earlier in the day where they would do anything they could to stop her from becoming the next secretary of state. here is the president. >> let me say specifically about susan rice. she has done exemplary work. she has represented the united states and our interests in the united nations with skill and professionalism and toughness and grace. as i've said before, she made an appearance at the request of the

white house in which she gave her best understanding of the intelligence that had been provided to her. if senator mccain and senator graham and others want to go after somebody, they should go after me. and i'm happy to have that discussion with them. but for them to go after the u.n. ambassador who had nothing to do with benghazi and was -- >> steve: okay. >> who had nothing to do with benghazi. then why -- >> is outrageous. >> here is what's outrageous. that he admitted this woman had nothing to do with benghazi. had basically been given a set of talking points and appeared on nearly a half dozen shows and now does not want to be held

accountable for the words that came out of her mouth. i mean, this human shield strategy that he wants to have it both ways on, and there is a back story here with mccain and susan rice and president obama because a couple of years ago -- and you can go back and revisit this history, which i think is interesting -- susan rice had called out john mccain for making a statement in defense of georgian residents who were outraged at a russian incursion across their border. she blamed mccain for the violence there and for some rather ambiguous statements that had come out of the white house and she used the same exact talking points that we're hearing now. this was the best intelligence we had at the time. where was obama at the time? flying in a plane to hawaii. it seems like we see the same echos of disdense, imcompetence,

cover-up, and then finger pointing at the republican party when they start asking the questions that the media is not asking. >> gretchen: will it earn her the ability to be the next secretary of state? >> it certainly does not. not only do we have to revisit incidents and anecdotes like that, but her entire tenure during the clinton administration, first as a national security counsel aide in 1993 and then as assistant secretary of state for the african affairs department where she has made interesting statements in the wake of the embassy bombings in africa after that. the thing is, there is such a left word surge and tilt now to this administration. they feel they have the mandate to just go all out, full monti in their anti-american and very dangerous and reckless security policy. >> brian: i think there is a great story behind the scenes why we never saw any of the security team, from james clapper to john brennan.

we haven't seen any of those guys. we still have not seen them. they're sending out the supporting players that are memorizing talking points. >> steve: michelle, i'm sure you caught it, but the president has not answered questions from the press in the east room for at least eight months. i think they kind of miss him. here is kristy parson from the chicago tribune. watch this valentine. >> thank you, mr. president. and congratulations, by the way. >> thanks. >> kristy was there when i was running for state senate. >> that's right, i was. >> kristy and i go back a ways. >> i've never seen you lose. i wasn't working that one time. >> there you go. >> steve: there you go. sitting next to ed henry, who asked a really hard question. what did you make of that? >> yeah. well, the lap dog media is at it again. they put the lap and lap dog and sick and thick of thins. where was her drool bucket? that's what i want to know. we've seen these kind of emotive

public displays of really i think malpractice, journalistic malpractice and affection for their man in the white house. i would contrast it with this, there is a local reporter here in colorado springs who is asking pesky questions of an obama administration official, ken salazar. you know what happens to journalists who do their job? they get threatened to be punched. that's how this administration always works. always has been. >> steve: michelle, thank you very much for joining us on this thursday. have a great week. see you next week. >> you bet. take care. >> gretchen: first they fought for our freedom, now for our economy. wait until you hear the idea these veterans came up with to create jobs. you'll love it. >> steve: then should an entire neighborhood have to chop down its oak trees because one kid is allergic to nuts? we're reading your e-mail. keep them coming [ female announcer ] you spend weeks planning it.

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>> steve: president obama challenging republicans to bring it on after they criticized upunion ambassador susan rice and her response to the attacks in benghazi. >> if senator mccain and senator graham and others want to go after somebody, they should go after me. and i'm happy to have that discussion with them. but for them to go after the u.n. ambassador who had nothing to do with benghazi and was simply making a presentation based on intelligence that she had received and to besmirch her reputation is outrageous. >> steve: so was the president's challenge to those two republican senators a smart move? let's talk to fox news legal analyst, peter johnson, jr. >> it's the shortest honeymoon

after a presidential election in history. the president throws down the republicans and independents in the congress, let's go. let's talk about this. i want to have a discussion. i will discuss this with legislative branch. let's hear the discussion now. and he summoned a degree of outrage, protectionism, if not rage for his am bass tore, susan rice, that we haven't heard in response to the killings of four americans. so i would like to hear the president say, listen, when you hit the united states, you hit me, barak obama. and i'm coming after you. and i'll have that discussion with you, al-qaeda or any of the al-qaeda groups that may have been responsible for this. we're really getting lost in the weeds. where is the discussion of what america is doing to bring these people to justice? i know the obama administration prefers indictments in federal courts for the united states. >> steve: sure. >> so where is the indictment?

if there is not an indictment, where is the killing of the people who perpetrated these acts of murder, of war, of terror on our americans? that should be the outrage. that should be the indignation. and so we don't have the facts. we don't know what happened before, during and afterment we now have a leak now out of american intelligence that somehow the c.i.a. didn't really ask for help. >> steve: sure; and so we've had other reports that they had laser sights on the ground ready for -- >> steve: absolutely. the tone he took when he was talking about senators graham and also senator mccain, i could kind of get that tone when he was talking about the republicans and the fiscal cliff and the negotiations over taxes and stuff like that. i kind of get that 'cause he ran on that. but here the republicans are just like everybody else. we want to know why did four americans wind up getting murdered? >> the american people are too smart for it. they're not going to fall for this sex scandal distraction.

they're not going to fall for this ma in, o a mano of the president taking on his former rival, senator and senator graham and senator ayotte. that's not going to solve the questions here. the questions remain. the answers have not been forth coming. the senate and the house need to get to the bottom of this as a matter of national, national pride and the honor and dignity to that these lives deserve inform peter, you predicted that general petraeus a couple of days ago, you said he would wind up testifying. he's going to do it tomorrow. he could connect a lot of the dots. we'll have to wait and find out. >> congressman kucinich said publicly. we have to hear publicly what happened. >> steve: thank you very much. straight ahead, major trouble for rocker jon bon jovi's daughter. why she just wound up in the hospital and then got arrested. then country music legend and small business owner charlie daniels just sent a letter to the white house. he's here to share it live with

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>> gretchen: quick headlines. you're looking at the newest kids in the class. newly elected freshman members of the house of representatives. posing on the steps of the capitol, there will be nearly 80 new members. and they're an american snack tradition. today may be the end of the line for twinkies and other hostess snack cakes. workers at the company have been on strike since last week. hostess says it will have to liquidate if enough workers don't return by 5:00 p.m. eastern. brian, i know you'll be upset to not get your hostess.

>> brian: if i can't get a twinkie, i don't know why i'd go to work. he was known for "the devil went down to georgia." charlie daniels is at it again. he's got a new album for the holidays for christmas, he joins us live from nashville. first, to talk about this nation. charlie daniels, you are a musician, a creative guy, but a businessman first and foremost, aren't you? >> yes, i am. i employ 30 people. and have for the last 30 years. very much into my people. i love my people. i love what i do. i'm very concerned about the country. >> brian: as a small business guy, you wrote an open letter to the president and you are really concerned and here is an excerpt. you said the citizens do not need to pay more tax. the government needs to stop spending money it does not have and has to borrow because the truth is, no matter how much taxes the government collects things will get worse 'cause

you'll only spend it and demand more. what's ironic is that is essentially what mitt romney said yesterday. he believes he lost because the president is, among other things, promised more handouts for people that he wouldn't have been able to produce. people are counting on government to solve their problems. >> government will never solve all our problems. it has to be done from the -- government did not build this country, regardless of what our president said about you didn't build that. i can say from my point of view, i did build me business. i came to nashville with a $20 bill and the clutch out of my car. i know what it is to start from nothing and to build up and government did nothing to help me build my business. you talk to most business people around the country, you'll find that that's true. i think that's a very bad attitude to have toward business and i think that when this country gets back on its feet, it will be because of small business people and big business people businesses, industry, rather than the government. >> brian: i love this one quote.

where was the government when i was digging out of a $2 million debt playing every smoky beer joint i could to keep from losing everything i owned. you weren't asking for a handout. you were trying to hustle your way back. >> i just went to work. that's the only way to do it. i had no place to go. i had made bad decisions and got tremendously in debt and i just had to dig out of it. but nobody was there to help me. i had to do it. just the good lord -- god helped me. the government did not help me. >> brian: i got to talk to you about the holidays. i cannot believe it's here. you have a new album. hallelujah, it's christmas time again. i assume you're going to bring the fiddle. >> oh, yeah. everything. there is a -- "white christmas," "blue christmas," all kinds of good stuff on there. can i make one little caveat here? it's only available at old

country buffet, five mountain and country buffet. they are taking this project on and they're donating the profits to the armed services ymca. it's only available at those outlets. >> brian: okay. that's a sign behind you. old country buffet, right? >> old country buffet, exactly. >> brian: here is the question i always think about. i know you record this before the holidays. is it hard in august or june getting into the holiday spirit? >> it really is. the first christmas album i did, i actually waited until the holidays when we came home from christmas. but the rest of them, have been in august and july. you go in the studio and get in your christmas mood and you go outside and it's 100 degrees. yeah. you can get in the spanish any time of year. >> brian: walking through cotton pretending it's snow. thanks so much. the album i'm sure fantastic. i'll be sure to get it.

congratulations on all your success and your career. >> thank you, my friend. >> brian: all right. gretchen, say something important. >> gretchen: thanks for asking the question about the fiddle. >> brian: anything for you. >> gretchen: look who i'm standing next to. eric polling. should an entire neighborhood have to chop down its trees because one child is allergic to nuts? your e-mails are coming in. then weekly jobless numbers due out in two you minutes. weapon bring them to you with instant analysis from this guy [ male announcer ] nature valley sweet & salty nut bars. ♪ [ camera clicks ] ♪ it's hard to resist the craveable nature of a nature valley sweet & salty nut bar.

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>> gretchen: welcome back. the labor department releasing brand-new weekly jobless numbers. 439,000 first-time unemployment claims were filed last week. that's up from the week before. and more than expected. >> brian: are you kidding? oh, my goodness. >> gretchen: a lot of people will have a lot of things to say about this. >> can you put the dial -- let's see what's going on. we literally had to call and say, is that number right? sure enough t looks like it's right. >> brian: are you kidding? >> on top of things, it's falling apart. 375 was the estimated. 355 was the week before. we were headed in the right direction. this is going to be a big problem. there is going to be something. there is going to be adjustment,

they're saying. this has something to do with sandy. i'm sure, 'cause the number is so much higher than expected. >> steve: you have been suspicious from the bureau of labor statistics before. >> let me try not to get myself into too much trouble. this is the first week after the election. >> gretchen: that's the first thing everyone will say. >> does anyone find it odd that the weeks leading to the election, the number went toward 350, and now the first week after, first full week after, 439. >> brian: everyone finds it odd. i appreciate you parting your words. the other thing is what the market has done since. >> i'm glad you brought that up. it's a concern. >> gretchen: down almost 700 points. >> now add today's falling off the cliff here. 710 points since the election. from the date prior to the election, 13,500 and change.

now we're down to 12,000 and change. 700 points lost. >> brian: now, sandy, how could you possibly say that has anything to do with first-time jobless claims. when a storm hits, you get fired? >> i'm saying there is going to be an explanation. they blame weather for employment numbers. they blame weather for jobless claims numbers. they've blamed weather for retail sales numbers. so something is going to come out here because that doesn't make sense. that is blaring saying, hello? hello? something is wrong with this number. if it's ketchup, i have a real problem. that means that the numbers that were look so good -- >> steve: were low balled. >> were caught up today. we'll do more digging. >> gretchen: why has the stock market fallen 750 points? >> can i bring this thing in here. fiscal cliff. everyone talks about the fiscal cliff. this is what it really is all

about. bush tax cuts expire, $156 billion. payroll tax, holiday expires, $125 billion. amt patch, alternative minimum tax that's patched every year. by the way, it's not even patched for this year yet. and next year has on deck, $88 billion. other taxes that will go up, $145 billion. grand total, $514 billion of new taxes will hit america on january 1, 2013. that's $3,200 per household every year. >> brian: the president's way of solving that problem is urging people to raise taxes on the rich. people go from 35 to 39%. what kind of impact will it have on those numbers? n minimal. >> brian: $80 billion. >> steve: the president of the united states yesterday said if you just jack up taxes on the highest 2%, he said it would get rid of half the fiscal cliff. >> it won't touch the fiscal cliff. we're talking $500 billion. if you do what the president has

projected, it's about $80 billion. that's not half. >> gretchen: 80 billion just on the 2%? >> gretchen -- >> brian: it's a joke! >> raising taxes on the top 1 or 2% will not fix the fiscal cliff. >> brian: listen, you've been here every week. this is just taxes. >> this has nothing to do with spending cuts which will cost jobs. >> brian: look at that screen. every year, every single week you're off like the expected and the actual are off ten or 20,000. the expected was 375. it ends up being 439. that's titanic! >> not even that much. it's usually within five to maybe 10,000 off the estimated. >> gretchen: who does the expected and ho does the actual number? >> here is what they do -- >> gretchen: who does the

expecting number? >> these are all compiled by the department of labor, who compiles the monthly jobless numbers. remember two months ago where there were 114,000 jobs, i i think that was the number. the unemployment number went to 7.8% because 400,000 people took quote unquote part-time work. in the past, that number had been around 30 or 40,000. it was ten fold the number. the department of labor is getting sketchier and sketchyier with these numbers. what's the revision going to be? another 75th week in a rove revisions in favor of the jobless? >> brian: this is stunning. >> i'm shocked. i was walking in. i asked lauren, can you check that? >> brian: she answers your questions. eric, real quick, as we look at where we're heading now -- i toltsly forgot what i was going to say. >> steve: we'll be watching you

today on "the five" at 5. >> real quick. 1,500 in the dow, be very, very careful around that number. if you're investing, do it delicately. >> gretchen: on that note, thank you very much, eric. >> brian: you going to be around later? some other compelling news going on overseas in the middle east. fox news alert now. militants in the gaza strip pounding southern israel with rockets, killing at least three people in this apartment. the death, the first since an israeli air strike killed a military commander with hamas. joining us live from israel,lyland vitter. it's been a wild couple of days. >> for sure. good morning. it's continuing to be a wild couple of days. the funerals for those militants in gaza is over and with that brought a another of barrages of rockets here. hamas promised that the israeli attacks would, quote, open the gates of hell and this morning we got a chance of what it looks

like inside an apartment building where one of these missiles struck coming out of gaza, hit the apartment building, killed three people and critically wounded a baby who was sleeping inside. injured about ten other people inside that apartment building. when those air raid sirens go off, you get a sense, 'cause you see everyone run, just how random these missiles are and then obviously their deadly effects. they're packed to inflict the maximum amount of damage. this began 24 hours ago with an air strike by the israelis against the head of hamas' military ring and the israelis continued systematically taking out jihad leaders as well as going after their weapons storage facility. that's where you're seeing these huge explosions. the next 24 hours, is whether they decide to bury their dead and go home, or gaza launching more rockets, which would be a

game changer. >> brian: what was going on leading up to this attack? were the israelis just looking for this guy or were the rockets coming on in such a rate the israelis were compelled to act? >> there had been a low grade rocket attacks going back and forth. rocket attacks by the gazaans. it started saturday with them using a laser guided to take out a jeep. this is a massive escalation in violence. the israelis called it a major operation and we are hearing and seeing that they are moving ground forces towards the gaza strip, including tanks and armored personnel carriers gearing up for a massive ground assault. unlike anything we've seen in the past four years, whether they go forward with that or not is only time will tell. >> steve: all right. thank you very much. other headlines on this thursday. in a couple hours, president obama is going to travel here to new york to look at the widespread destruction from monster storm sandy. there he is yesterday. going to head to staten island.

a long island resident said his town was left in the dark every way possible. >> we had no police. the fire department was always around, but we had no information on what was going on. nothing. >> steve: who do you blame? >> everybody. the politicians in the local area. they didn't do a darn thing. we couldn't get telephone conversations. we couldn't make phone calls. the media is talking about manhattan and the overall picture, but not about us. we had nothing. >> steve: meanwhile, fema says it may need a bailout. a top fema executive says they expect losses. but their flood insurance program has less than $3 billion available in the kitty. >> gretchen: coming up, the battle over wisconsin's collective bargaining ban is far from overment the state is facing yet another lawsuit. governor scott walker here to react next.

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>> steve: quick headlines on this thursday morning. cops busting bon jovi's 19-year-old daughter after she overdosed on heroin. she was found unresponsive inside her college dorm in upstate new york. a friend says she has a drug problem, but her family has been unsuccessful in getting her to rehab. sadly. forget retirementment a group of military veterans is putting people to work in north carolina one t-shirt at a time. they created the shirt to help save local companies from lose attention jobs overseas. >> the whole thing started, three of us guys were in a plane flying around. i looked at the other two and said, you know, the president, governor, and mayor murphy, all they can talk about are jobs. you think there is any chance the three old men could create a couple of jobs? >> steve: by the way, a portion of the profits go to the wounded warrior project. >> gretchen: it's a debilitating

disease that slowly turns the people we love into someone we don't know. and it's heart breaking to watch. >> steve: it is estimated that as many as 5.1 million people in the united states suffer from alzheimer's. our next guest knows the hardships behind the illness firsthand. >> brian: joining us now, one of our best friends in the world, lisa gibbons. welcome back. >> global best friend. >> brian: absolutely. especially the news that you broke when you walked in that you like me best. >> universe is my goal. >> brian: do you have a serious topic to talk about and it is alzheimer's. how it affects the care givers and what you experience as a family member. >> you guys know i beat this drum loudly. i'm often on it because there is a way that you can hang on to yourself while you're letting go of someone that you love. that's what happens, isn't it in people who are caring for someone that's disappearing, they begin to fall apart at the seams. the whole family breaks open.

>> steve: you know that firsthand. >> yeah. my mom, my grand mom. these are the two strongest women in my life. i promised my mom that i would talk about this and so every time i have a chance to do so, i feel like i'm honoring her legacy and fulfilling -- you don't cross your mother. i'm fulfilling that promise. so tonight, 8:00 p.m. eastern time live, we're doing a conversation in care giving, a live web cast, alzheimer's disease.com. we'd love to have questions and comments. we put together a panel to really help offer strength and support for family care givers. you see my mom with my brother and actually my family videos, my sweet mom there in the final stages -- my family videos for the first time are posted. we got everybody together to take a look back at what we learned, what we wish we knew, what we thought we could offer to other people. those are all at the web site, too. >> gretchen: have we come any --

have we come any further to finding a cure for this horrible disease? >> i would love to say yes! in many ways we have. science is all about the locked doors and every time you get a no, that really is getting closer to yes because it's all about how far you come and what you learn when you get the next door slammed shut. i'm not a scientist. i'm a patient advocate and i'm anxiously awaiting that news like everyone else. but i do sit on the stem cell board in california where we are funding exciting innovative research, as are many other places. and i think there are a lot of hopeful things. >> steve: if people would like more information, they can go to alzheimer'sdisease disease. >> gretchen: the battle over wisconsin's collective bargaining ban is far from overment the state facing another lawsuit. governor scott walker will join us next until first, let's check in with martha mccallum who seems like. we've never actually met.

she's going to tell us what's on at the top of the hour. >> except every wednesday when we sit in your radio studio. good morning. so wow. a huge number. the unemployment claims this week, how will that number be explained by the administration? stuart varney is here on that. former attorney general alberto gonzalez on how it could be that the president would not know about the petraeus investigation, members of his administration knew in july. what we need to know about eric holder's role. we will see you in "america's newsroom" at the top of the hour

>> gretchen: fox business alert. 439,000 first time unemployment claims were filed last week. that's a lot more than expected.

375 was expected. and had been ticking down as of late. here to react, governor of wisconsin, republican scott walker who joins us live. are you in vegas? >> i am. i'm at the republican governors association. it's pretty early in the morning for a midwesterner. >> gretchen: i know. no doubt. i thought you were out there betting on the packers or something. let's get to these jobless numbers. >> that would be a safe bet, you know. >> gretchen: it would be, you know. let's get to these jobless claims numbers. a lot of people will be raising eyebrows high today that after the election, we go up to this whopping number of 439,000. what do you make of it? >> well, real concerns about the numbers, certainly some will question the timing. but the bigger concern i think a lot of us have is what does it mean for the future? you got all this talk in washington about the fiscal cliff. that is a concern. but the bigger concern is how the politicians in our nation's capitol will try and tackle that and a lot of them are talk being a big tax increase. when you see jobless numbers like this, when you see the

economy not improving the way it has in the past coming out of recession, we're very, very concerned they're going to pile on even more trouble by adding the tax burden not just on the wealthy, but on just about every american out there, which would be devastating to each of our states' economies and the country as a whole. >> gretchen: you made national headlines over the last few years because of what you did in wisconsin with regard to collective bargaining. now there is another lawsuit. tell us about this lawsuit against the state. >> yeah. it's amazing. you keep having liberal group after liberal group deciding that even though we had one of the lengthiest debates in the state history in the legislature, signed the bill into law, it was upheld in the law when it was challenged last year. we had one of the biggest elections in the country, a recall election where we won by even more votes than we did two years ago. and just last week, something that most people don't know across america, in our state, even though we didn't like the federal election for the presidency, the reality is wisconsin gained seats on the republican side in the legislature went to 60 seats in

the assembly. went up to 18 seats in the state senate. both have solid majorities because people like our reforms. when liberals don't win, often they run to the court to push these things. this law will be upheld. it's constitutional. more importantly, for our schools and local government, they're depending on it. they saw big savings that they put into the classroom and government services and the taxpayers benefited. in fact, first time in 12 years our property taxes went down. people in our state want these reforms to continue. >> gretchen: that's good news. let me ask you about the fact that there are now 30 republican governors, you gained a seat in north carolina. a lot of people were discussing after the election that maybe the gop brand was suffering and had been hurt. why is it that republicans are elected governor, but mitt romney could not win the presidency? >> i think mitt is a good and decent man. we talked a lot about that here yesterday. 30 republican governor, the most we had in a dozen years. most of the battle ground states

have republican governors in them leading the way, turning things around, balancing budgets, doing it while lowering tax, seeing revenues go up by improving the economy in each state. i think the reason is we laid out a clear path, clear agenda. people gravitated toward that. and unfortunately, mitt romney's campaign in the end was not able to overcome the early attacks from the obama campaign back in june and they suffered the inability to clearly lay that out. republican governors as a contrast have been able to offer a clear plan for each of our states. we're going to change america one state at a time. we're optimistic about the future with great leadership here. >> gretchen: thanks for getting >> thank you. >> gretchen: your e-mails on oak trees and allergies and chopping them down next time something made your jaw drop? campbell's has 24 new soups that will make it drop over, and over again. ♪ from jammin' jerk chicken,

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>> gretchen: early we told but a mom who wants oak trees near her teen's school removed because they cause allergies. one says, i'm allergic t